INTELLECTUAL PROPERTY IN DIGITAL AGE

INTELLECTUAL PROPERTY IN DIGITAL AGE Neda Zdraveva Nenad Gavrilovic www.e-society.org.mk System of Intellectual Property • Industrial Property – Patents – Designs – Trademarks – Appellations of origin, Geographical indications • Copyright (Droit d’ Auteur) • Unfair Competition www.e-society.org.mk The Macedonian Copyrights System • Law on Copyrights and Neighboring (Related) Rights • Law on Topography of Integral Circuits • Law on Broadcasting • Law on Special Custom Measures for the Protection of Intellectual Property Rights www.e-society.org.mk Copyrights in Macedonia • Author and co-authors • • Holders – The person(s) that created the work – The person(s) that enjoy the economic rights – written work (literary work, article, computer program, as a literary work etc.) – spoken work (address, lecture and alike) – musical work – drama – choreographic work and a work of pantomime, fixed on a material medium – photographic work – cinematographic and other audiovisual work – work of fine art ( painting, graphics, sculpture etc) – work of architecture – work of applied art and design – cartographic work etc. Copyright Work www.e-society.org.mk • Content – Moral Rights – Economic Rights • Duration – 70 years post mortem auctoris • Transfer of Copyrights – Assignment Contract – Contract for Hire (work made for hire) – Copyright Work in the Course of Employment www.e-society.org.mk Economic Rights • The copyright belongs to the author on the basis of the creation of the work, regardless whether it has been disclosed. • The author shall have the exclusive economic right to use his work and to authorize or prohibit the use of the work by other persons, in particular for: publication, reproduction, distribution, including rental and lending, public exhibition, communication to the public (public performance, public transmission, making available to the public, public presentation, broadcasting and re-broadcasting) and – modification. – – – – – www.e-society.org.mk • The author of the original work has an exclusive right to use his modified work, unless otherwise provided by this Law or by contract. • The use of the copyright work shall be permitted if the author has assigned the economic right according to this Law and to the conditions he has determined, unless otherwise provided by this Law. www.e-society.org.mk Limitations • Limitation of the Economic Rights – legally authorized use with remuneration as legal licenses – legally authorized use without remuneration as free use. • Carried out in specific cases which are not in conflict with the customary use of the copyright work and do not violate the legitimate interests of the author. • Throughout the use the source and the author of the work shall be named, provided these are mentioned in the work used, except in cases when this shall impede the method of use. www.e-society.org.mk Influence of the digitalization • Two directions – Provides for new possibilities for creation and dissemination – Increases the possibilities for breaches of the rights • Results – Legislative Changes www.e-society.org.mk International Sources • • • • • • • • • • • Agreement on trade-related aspects of Intellectual property rights (TRIPS) Berne Convention for the Protection of Literary and Artistic Works Universal Copyright Convention WIPO Copyright Treaty International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations WIPO Performances and Phonograms Treaty Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite European Agreements European Conventions EU Directives www.e-society.org.mk EU Directives • • • • Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights Directive 2001/84/EC of the European Parliament and of the Council Of 27 September 2001 On The Resale Right For The Benefit Of The Author Of An Original Work Of Art Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the Legal Protection of Databases Council Directive 93/98/EEC of 29 October 1993 Harmonizing the Term of Protection of Copyright and Certain Related Rights Council Directive 93/83/EEC of 27 September 1993 on the Coordination of Certain Rules Concerning Copyright and Rights Related To Copyright Applicable To Satellite Broadcasting and Cable Retransmission Council Directive 92/100/EEC of 19 November 1992 on Rental Right and Lending Right and on Certain Rights Related To Copyright in the Field of Intellectual Property Council Directive 91/250/EEC of 14 May 1991 on the Legal Protection of Computer Programs • • • • www.e-society.org.mk Enforcement Directive • • • • achievement of the internal market relation with the TRIPS Agreement fair and equitable measures, procedures and remedies necessary to ensure the enforcement of the intellectual property right persons entitled to seek application of the measures, procedures and remedies – – – – the holders of intellectual property rights licensees collective rights-management bodies professional defence bodies • • • • • provisional and precautionary measures corrective measures injunctions damages publicity measures www.e-society.org.mk InfoSoc Directive • providing for a high level of protection of intellectual property • Relation with the WCT and WPPT • right of making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them given to the – – – – – authors performers phonogram producers producers of the first fixations of films broadcasting organisations • obligations as to technological measures • obligations concerning rights-management information www.e-society.org.mk Lending and Rental Directive • 'rental' means making available for use, for a limited period of time and for direct or indirect economic or commercial advantage • 'lending' means making available for use, for a limited period of time and not for direct or indirect economic or commercial advantage, when it is made through establishments which are accessible to the public • rightholder are the author, the performer, the phonogram producer and the producer of the first fixation of a film • where an author or performer has transferred or assigned his rental right concerning a phonogram or an original or copy of a film to a phonogram or film producer, that author or performer shall retain the right to obtain an equitable remuneration for the rental www.e-society.org.mk Term of Protection Directive • the differences as sources of barriers to trade and distortions of competition • the copyright exists for the life of the author and for 70 years after his death • the rights of performers shall expire 50 years after the date of the performance • the rights of producers of phonograms shall expire 50 years after the fixation is made • the rights of producers of the first fixation of a film shall expire 50 years after the fixation is made • the rights of broadcasting organizations shall expire 50 years after the first transmission of a broadcast www.e-society.org.mk Cretivecommons.mk • Initiative by Foundation Metamorphosis • Analysis of the Legal Code in light of the national legislation • Discussion with interested parties • Adaptation of the legal code • Generally acceptable www.e-society.org.mk